New Jersey Real Estate Law Questions & Answers

Q: Can siblings legally charge a realtor's fee when buying out a siblings share in a house even though it not sale

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jul 23, 2016

That is totally absurd. Depending on the amount involved, you may want to retain counsel. Good luck.
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Q: I own a home in Florida, purchased by me, but I added my niece's name to the deed. How can I remove her name from it?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jul 13, 2016

You will need to repost this question to Florida attorneys.
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Q: A house near us is in foreclosure. Our agents wants us to lower our sales price to that sale price. Is that legal?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jul 8, 2016

Why would it not be legal? Your house is in competition with every other house in NJ and in your specific location. If you do not like what the RE agent tells you, get a new one.
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Q: Is an agreement entered by a previous home owner and not filed with the county binding to the subsequent property owner?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jun 15, 2016

It is not possible to determine an answer without reviewing a document.
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Q: Hi , my dad passed away in 2014 from septic shock, my mom hired a lawyer (my friend) but on the other hand my mom still

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Answered on Jun 11, 2016

You need to setup a consultation with a lawyer, a lawyer will charge you for the advise but it sounds like it would be well worth the cost.
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Q: I have recently divorced and we are in the process of selling our residential home.

1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Answered on Jun 4, 2016

You have freedom do to as you chose, but the question is what makes the most sense from a tax and financial stand point? You should have an in person consultation if you really want meaningful answers. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. Good luck.
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Q: Can I take a person to court if they damaged the property I reside at, which I do not own. There were $600 in damages

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Small Claims for New Jersey on
Answered on May 20, 2016

Sure you can, but proving your case may not be easy. Good luck.
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Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?

1 Answer | Asked in Bankruptcy, Family Law, Foreclosure and Real Estate Law for New Jersey on
Answered on May 19, 2016

My answer is the same as the first time you asked this question.
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Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?

1 Answer | Asked in Real Estate Law, Bankruptcy and Foreclosure for New Jersey on
Answered on May 19, 2016

You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your problems. You should retain counsel. Good luck.
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Q: Can the seller of real property in NJ prepare the deed?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 12, 2016

Maybe, much more information is needed to answer your question, but the real question is why would you want to take the responsibility to prepare the deed and stick your neck and assets on the line.
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Q: How do we remove resident board members and replace with a property management company.

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Answered on May 6, 2016

You need to consult the by-laws and retain an experienced attorney who has litigation experience in these type of matters. Good luck.
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Q: We put a bid on a home for the asking price. We lost the contract because someone after us offered cash. How can this

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on May 2, 2016

It happens every day of the week all over the country. It is legal and prudent business. Why would anyone turn down an all cash deal, and wait to see whether or not someone qualifies for a mortgage or not? I certainly would not. I can understand your frustration and disappointment. But this is a buyer's market. I would not lose a second of sleep over it. You will do as well or better. Good luck.
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Q: dad died, left home to a friend then also her daughter, but found deed and her name is already there.now what?

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for New Jersey on
Answered on May 2, 2016

I suggest that your bring your paperwork to a lawyer to review, your question unfortunately not clear enough to give you an answer and even if it was a lawyer should review the deed prior to giving you this answer.
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Q: My wife died recently. Can I sell the apartment we owned together in PR or do I first have to take her name off the deed

1 Answer | Asked in Probate and Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You have to repost this in the PR section. NJ law does not apply to PR.
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Q: In virginia do you have to use the title company's attorney to close on real state?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 30, 2016

You need to ask an attorney in Virginia.
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Q: In virginia is the buyer obligated to use the title company's attorney?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 29, 2016

Why would you ask a Virginia law question in NJ? Don't know the answer. They are NOT in NJ
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Q: Only the wife is on the deed of real property. The husband passes away. Can the wife disclaim the property?

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New Jersey on
Answered on Apr 23, 2016

Maybe, more information is needed and the will would have to be reviewed and remember time limits do apply so I suggest a consultation with a lawyer, it may cost a few bucks but could be worth it in the end.
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Q: Q: Girlfriend & I Bought house. She says signing a quit claim removes me from the mortgage. I want out what do I do?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Apr 10, 2016

You would have to either sell the house or hire an attorney to bring a partition action or otherwise force a sale. A quitclaim deed NEVER removes anyone from a mortgage. You really need to retain your own attorney and soon. Good luck.
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Q: I live in NJ and my landlord sold his condo that I rent. How soon before I have to move out if new owner occupies unit?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Answered on Apr 10, 2016

The new owner is obligated to honor the existing lease, absent some provision to the contrary. If the new owner wants you to vacate the property, the owner may be willing to pay you to move. Good luck.
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Q: Friend's hubby in jail. Mtg in his name. She's only on deed, not loan. Is she a tenant?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Answered on Apr 7, 2016

She is not a tenant. She is a co-owner. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney.
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